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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9216
Experience:  Since 1983
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I own a rear pice of C-1 land 125' deep x 250' wide, street

Customer Question

I own a rear pice of C-1 land 125' deep x 250' wide, street to street. Santa fe Carwash*****
Their are 2 - 125' wide x 200' deep lots in front of mine to the main road.
We all have a 25' x 200' easement at the center point of the 2 - 125' wide lots were they join in the middle and all 3 property owners have happy shared this easement to the main "new"*****(2205 Cerrillos Rd. Santa Fe, NM, 87505) Google maps will show all 3 different business here as it was before.
My question is?
The city first, closed off our excess to Cerrillos Rd. by installing a 9" curb across the whole front, from street to street, no more ingess or egress to Cerrillos Rd. No street cuts to our working 30 easement.
They wanted all our customers to enter or leave, only from the 2 side streets, Juan St. & Vitilia St. were we do have 7 different driveway cuts, 4 West, with R-1 acres the street, 3 east with C-1 across the street. Now they are "giving us" a ingress only.
Do they have this right? Is my question.
I paid more for this lot because I had 100% signage and access to Cerrillos, for my customers, 50,000 car count per a day out front. Now the city will give back 50% Ingress only.
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
I understand this costs a total of $47.00. I don't want to join anything.
Cliff
Expert:  N Cal Attorney replied 7 months ago.

I am sorry to hear this.

Does your deed to the property grant you an easement to use the 25' x 200' strip you described?

Customer: replied 7 months ago.
Recorded at court house 30 years ago whenI purchased this land for 250,000.00
Customer: replied 7 months ago.
Recorded at couch house I can send copy
Expert:  N Cal Attorney replied 7 months ago.

Did the city have any type of hearing before it blocked the easement?

Customer: replied 7 months ago.
I didn't know anything about it until I saw it in place and was shock they thought they could just do this here.
Customer: replied 7 months ago.
I'm just thinking this is not right to do to a good tax payer in the city, for the last 30 years. They should at lease met with us first, or even explained "why" they felt this need to just cut us off. I was looking forward to the new added lane in front, as a slow down lane, allowing safer entry for our customers leaving. If it's not broke, why try to fix it.
Customer: replied 7 months ago.
I'm thinking this may be my next letter to the city lawer?Dear Zachary Sander,In my very first letter, I sent to you, was about your job description to enforce city codes, and correct any violators to the city code system.“To prosecute violators of the City Code in the Municipal Court;’ To limit liability and exposure of the City through advice, training and litigation;”“Note, I spoke of a problem I was having with 1 city employee, John Romero. Serving as a Development Review Supervisor, for the City of Santa fe.”“He is attempting to change my permitted land use for 30 years. His reasons are unfounded and hold no merit, and his reasons for this continue to change daily.”“My easement right of way that I acquired and paid several thousands dollars for in 1986. This curb cut has a real high $ value to my land, as an ingress and egress for all of my car-wash customers and 3 other businesses here also.”I’ve shared all the required legal documents that we all have happy lived by here for the past 30 years, now John wanted to just change our decided, 25’ x 195’ right of way without a agreed plan going forward.Note; As I said before,
This 1 way in only, is not acceptable, to me, for several reasons, that I've written to you before.As you are trying to represent the City, has the city leadership made any decisions in this request, I have put before you?I would like to move forward,Sincerely,Cliff DeWent
Santa Fe, CarWash, (owner )
Expert:  N Cal Attorney replied 7 months ago.

That seems OK. If the city will not back down you can sue or threaten to sue it for inverse condemnation because they took away part of your property without paying the fair value as required by the Constitution.

You can get a free consultation from some of the attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 7 months ago.
N. Cal
I want to thank you for this advice.
Cliff
Expert:  N Cal Attorney replied 7 months ago.

Thank you for using Just Answer!

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